Summary of the article “on the need for the appeal decision to be rendered in accordance with the acts of the Constitutional Court the Constitutional Court” Cover Image
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За необходимостта въззивното решение да е постановено в съответствие с актовете на Конституционния съд
Summary of the article “on the need for the appeal decision to be rendered in accordance with the acts of the Constitutional Court the Constitutional Court”

Author(s): Krasimir Vlahov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Съюз на юристите в България
Keywords: case law of the Constitutional Court; supremacy of the Constitution; binding force of legal reasoning; appellate court decision

Summary/Abstract: The article analyses the provision of Article 280, par. 1, it.2, part 1 of the Code of Civil Procedure, which introduces as a ground for cassation appeal the ruling of the appellate court “in contradiction with the acts of the Constitutional Court”. The legal regulation is examined in the context of the courts being bound by the case-law of the Constitutional Court in general as a manifestation of the principles of legality and the supremacy of the Constitution. The focus of the exposition is on the binding legal force of the Constitutional Court’s decisions and, in particular, on the significance of their reasoning.

  • Issue Year: 2023
  • Issue No: 8
  • Page Range: 4-29
  • Page Count: 26
  • Language: Bulgarian